Allowed

Dr R Rajendra Prasad v. M/S Tbs India Telematic and Biomedical Service Pvt. Ltd.

Karnataka HC8 Sept 2023CRL.P/4660/2023

Case brief

AI extract

What is this about?

This Common Order disposed of three Criminal Petitions filed under Section 482 Cr.P.C. seeking to quash orders of the Sessions Court which had suspended sentence and enlarged the petitioners on bail contingent upon payment of 20% of the fine in appeals against conviction under Section 138 N.I. Act.

What did the court decide?

Directed the LXXII Additional City Civil and Session Judge, Bengaluru to conclude proceedings in the three Appeal Nos. within three weeks without insisting the petitioners to deposit 20% of the fine a

Dr R Rajendra Prasad Vs M/S Tbs India Telematic and… — Cheque Dishonour | Karnataka HC (2023)

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1 - NC: 2023:KHC:32452 CRL.P No. 4660 of 2023 C/W CRL.P No. 4465 of 2023 CRL.P No. 4554 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 4660 OF 2023

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C/W

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CRIMINAL PETITION NO. 4465 OF 2023 CRIMINAL PETITION NO. 4554 OF 2023

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IN CRL.P.NO.4660/2023

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BETWEEN:

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DR. R. RAJENDRA PRASAD, S/O N.S.RAMEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT NO.5, SWIMMING POOL ROAD, FIRE BRIGADE, SARASWATHIPURAM, MYSURU - 570 009.

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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ALSO AT: AROGYA YOGA SAMASTHE (SUYOG HOSPITAL), NO.P/2, DAKSHINESWARA ROAD, E AND F BLOCK, RAMAKRISHNA NAGAR, MYSURU - 560 022.

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…PETITIONER (BY SRI. S. MAHESH., ADVOCATE FOR, SRI. S. S. NAGARALE., ADVOCATE)

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AND:

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M/S TBS INDIA TELEMATIC AND BIOMEDICAL SERVICE PVT. LTD., 5^TH FLOOR, ARDEN FAIR, OPP. TO

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NC: 2023:KHC:32452 CRL.P No. 4660 of 2023 C/W CRL.P No. 4465 of 2023 CRL.P No. 4554 of 2023

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BENNIGANAHALLI RING ROAD FLYOVER, PAI LAYOUT, NEAR TIN FACTORY, OLD MADRAS ROAD, BENGALURU - 560 016. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. PAPANNA.

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…RESPONDENT

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(BY SRI. KASHYAP. N. NAIK., ADVOCATE)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 20.02.2023 PASSED ON I.A.1/2023 IN CRL.A.NO.25043/2023 BY THE LEARNED LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-73) AT BENGALURU.

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IN CRL.P.NO.4465/2023 BETWEEN:

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SUYOG SALIGRAMA YOGANNA, S/O DR. S.P. YOGANNA, AGED ABOUT 35 YEARS, RESIDING AT NO.5, SWIMMING POOL ROAD, FIRE BRIGADE, SARASWATHIPURAM, MYSURU - 570 009.

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ALSO AT: AROGYA YOGA SAMASTHE (SUYOG HOSPITAL), NO.P/2, DAKSHINESWARA ROAD, E AND F BLOCK, RAMAKRISHNA NAGAR, MYSURU - 560 022.

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…PETITIONER

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(BY SRI. S. MAHESH., ADVOCATE FOR, SRI. S. S. NAGARALE., ADVOCATE)

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AND:

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M/S TBS INDIA TELEMATIC AND BIOMEDICAL SERVICE PVT. LTD.,

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3 - NC: 2023:KHC:32452 CRL.P No. 4660 of 2023 C/W CRL.P No. 4465 of 2023 CRL.P No. 4554 of 2023

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5^TH FLOOR, ARDEN FAIR, OPP. TO BENNIGANAHALI RING ROAD FLYOVER, PAI LAYOUT, NEAR TIN FACTORY, OLD MADRAS ROAD, BENGALURU - 560 016. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE, MR. PAPANNA.

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…RESPONDENT

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(BY SRI. KASHYAP. N. NAIK., ADVOCATE)

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THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO SET ASIDE THE ORDER DATED 20.02.2023 ON I.A. NO.1 OF 2023 PASSED IN CRIMINAL APPEAL NO.25042/2023 PENDING ON THE FILE OF THE LEARNED LXXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-73) AT BENGALURU.

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IN CRL.P.NO.4554/2023 BETWEEN:

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SEEMASALIGRAMA YOGANNA, D/O DR. S.P. YOGANNA, AGED ABOUT 38 YEARS, RESIDING AT NO.5, SWIMMING POOL ROAD, FIRE BRIGADE, SARASWATHIPURAM, MYSURU - 570 009. ALSO AT: AROGYA YOGA SAMASTHE (SUYOG HOSPITAL), NO.P/2, DAKSHINESWARA ROAD, E AND F BLOCK, RAMAKRISHNA NAGAR, MYSURU - 560 022. (BY SRI. S. MAHESH., ADVOCATE FOR, SRI. S. S. NAGARALE., ADVOCATE)

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…PETITIONER

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4 - NC: 2023:KHC:32452 CRL.P No. 4660 of 2023 C/W CRL.P No. 4465 of 2023 CRL.P No. 4554 of 2023

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AND:

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M/S TBS INDIA TELEMATIC AND BIOMEDICAL SERVICES PVT. LTD., 5^TH FLOOR, ARDEN FAIR, OPP. TO BENNIGANAHALLI RING ROAD FLYOVER, PAI LAYOUT, NEAR TIN FACTORY, OLD MADRAS ROAD, BENGALURU - 560 016. REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. PAPANNA.

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…RESPONDENT

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(BY SRI. KASHYAP N NAIK.,ADVOCATE)

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ORDER DATED 20.02.2023 ON I.A.NO.1/2023 PASSED IN CRL.A.NO.25041/2023 PENDING ON THE FILE OF LXXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-73), BENGALURU.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Since the issues involved in these petitions are similar, they are taken up together and disposed of by a common order.

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The petitioners in these petitions who have been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act filed appeals before the jurisdictional Sessions Court. The Sessions Court suspended the sentence and enlarged the petitioner on bail subject to payment of 20% of the fine amount. Being aggrieved, the petitioners are before this Court.

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NC: 2023:KHC:32452 CRL.P No. 4660 of 2023 C/W CRL.P No. 4465 of 2023 CRL.P No. 4554 of 2023

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Learned counsel for the petitioner submits that it would suffice if the Sessions Court is directed to dispose of the appeal in accordance with law without insisting the petitioners to deposit 20% of the fine amount.

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Learned counsel for the respondent submits that liberty may be reserved to take appropriate steps in accordance with Section 143 (5) of the Negotiable Instruments Act.

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Submission is placed on record.

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Accordingly, petition stands disposed of directing the LXXII Additional City Civil and Session Judge, Bengaluru to conclude the proceedings in Appeal Nos.25041/2023, 25042/2023 and 25043/2023 within three weeks without insisting the petitioner herein to deposit 20% of the fine amount.

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Sd/JUDGE

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RKA

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List No.: 1 Sl No.: 60 CT: AVB

Dr R Rajendra Prasad v. M/S Tbs India Telematic and Biomedical Service Pvt. Ltd.

Case brief

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Dr R Rajendra Prasad v. M/S Tbs India Telematic and Biomedical Service Pvt. Ltd.

Case brief

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